Mayo V. Taco Enterprises Case Study

[A] Janet had a promotional flyer the Stoynoffs had distributed which invited customers to stop and browse. Under the view in Parks , an invitee is anyone entering the premises for the purpose of conducting business there, whether the invitation was express or implied. Parks, 2011 WL 6338911, at *2. Because Janet was holding the flier in her hand, which would be an implied invitation, she would likely be considered an invitee. Janet had the purpose of coming to the Stoynoff’s store based on the wording of the flyer, which suggested that the reader of the flyer stop by and enjoy the atmosphere. Janet had particular interest in seeing the work of a particular artist she knew to have work for viewing in the store, which would be the premise for

“An open and obvious condition is one that an ordinary, reasonable person would discover upon casual inspection.” Mayo v. Taco Enterprises, No. 10-13679, 2011 WL 2607083, at *2 (E.D. Mich. July 1, 2011). The plaintiff must show that there was an unreasonable characteristic in the placement, character, or surroundings of the object to make it viewed as unreasonably dangerous. Id. at *4. In Lugo v. Americorp, the court held that “Only those special aspects that give rise to a uniquely high likelihood of harm or severity of harm if the risk is not avoided will serve to remove that condition from the open and obvious danger doctrine.” Lugo v. Ameritech Corp., Inc., 464 Mich. 512,519, 629 N.W.2d 384, 388 (2001). The landowner or occupier of the premises is bound by a duty to those on the premises by express or implied invitation to give warning of danger known to him and unknown to the visitor. Millikin v. Walton Manor Mobile Home Park, Inc., 234 Mich. App. 490,499,595 N.W.2d 152, 154

The court precluded the defendant from liability because the wire she tripped on was open and obvious. They held that the open and obvious doctrine applies when a defendant failed to warn about a dangerous condition and also when the defendant breached the duty in allowing the condition to exist. Id. at 495, 595 N.W. 2d at